Legal Question in Employment Law in India

My story is as below:

I am an ex employee of ESIC phulwarisharif, patna, a central govt job under labour ministry. My services with the said institution was terminated after 23 months just before the confirmation along with all the 23 joined members as the entire vacancy was cancelled due to some legal issues. Now I am working in another govt. institution.

Now the main issue is that, as per Swami�s handbook for central Govt employees, I am eligible for encashment of 60 days ELs(Earned Leaves; 30 days X2years) in case of termination of services. The same I have applied for with my previous institution i.e. ESIC phulwarisharif, patna. I have sent 3-4 reminders regarding the matter. Once I got the reply from them that they have forwarded the copy of my application regarding EL encashment to their Central Office, New Delhi. But It has been around 2 and a half years my services have been terminated and still I am unable to get the encashment of the said ELs.

A few days I got to know from my friends who are also victim in the same case that, while enquiring again about the status of same telephonically, their reply is there is no leave record available in the office, so the process cannot be initiate.

Please suggest me how to proceed in the matter. Can RTI be helpful in the matter. Or can I approach the court for the same. If RTI can help in the matter, how to proceed; kindly hint me step by step.


Asked on 10/04/13, 9:43 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.10.2013

Dear Sir / Madam,

You should file an RTI application to retrieve your leave record from the ESIC Department and issue a legal notice to the Personnel & Administration in-charge to immediately settle your earned leave encashment of 60 days without any further delay.

Regards,

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Answered on 10/13/13, 6:38 am


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